Can they do this (maternity related)

[CanTheyDoThisMaternity]

I'm on maternity leave and heard from a colleague about someone leaving in a team I work with. It's an area I definitely want to move into, vacancies don't come up very often, and it would be a slight step up but with a lot more opportunity to progress. I looked on the internal job site and applied for the job. It's a permanent position. Last week they offered me an interview and asked me to give some available times.
Then yesterday someone from the internal recruitment team rang me to say she'd heard I was on maternity leave, was that correct and when was I due back. I told her it was, and that my leave is due to end in about 4 months.
After the call ended I pretty much immediately got an email saying that although it was "obvious [my] skills match the role" they need someone sooner and so won't be interviewing me.

Is this allowed? They offered me an interview and said my skills match the role, can they take back the interview offer after finding out I'm on maternity leave? If I was pregnant, they wouldn't be allowed to not interview me because I was going on maternity leave soon, would they? Does it work the same way while I'm on mat leave?
If it's relevant, I've worked there 3 years, and am taking just under 9 months maternity leave.

Well if they need someone to start very quickly for business reasons what do you suggest?

Well if they need someone to start very quickly for business reasons what do you suggest?

That's not what OP asked. OP asked whether they can legally decline to interview her because of pregnancy.

Based on what you've said, OP, I think the answer is no but you need to speak to ACAS and (if you have one) your union.

Based on what you've said, OP, I think the answer is no

For clarity: no, they can't, that would be unlawful.

Nope you've been discriminated against as you're on maternity absolutely not allowed and very surprised they put it in writing on an email, most companies would interview you then give you some cock and bull about not being the right candidate and a more suitable candidate getting the job. I'd definitely take advice on this not had to use them myself but pregnant and screwed are often recommended on here.

Also - say they don't find an internal candidate and have to go outside to recruit. The person could be on 3 months notice - by the time you allow for adverts, interviews and then someone working their notice, you could be back at work before someone external would even start.

Contact ACAS and/or Pregnant Then Screwed. I think that would class as discrimination

No they can't.

Ring ACAS in the morning. They will give you free advice on what to do next.

Thanks all. I spoke to ACAS and pregnant then screwed who both said they can't do this and advised me to go back to them. Pregnant then screwed said that if they need someone sooner, they should still interview me and then if I'm the best candidate, engage with me to see whether there's a way to make it work, rather than reject my application without that discussion.
I emailed the woman in recruitment back, requesting that I still be interviewed as originally planned and referencing how the interview had been cancelled once they realised I was on maternity leave. I then got a call from a more senior woman in the recruitment team apologising for the misunderstanding, they never meant to eliminate me they just wanted to check if I was on maternity leave, of course they're still going to interview me etc etc. This was plainly nonsense, but I've now got an interview date.
I'm slightly concerned that what's happened is they've said to the hiring manager "look, she's technically correct, so can you please just interview her to keep her happy, but you don't have to hire her" but there's nothing I can do about that. I knew when I applied that the fact I'm still on mat leave may be an issue, but still wanted to give it a go because the roles in that team don't come up very often. Given how slowly things move at my company, and the fact there are two rounds of interviews, I will definitely be available before any external candidate on a 3 month notice period though.

On the contrary - I think they will ensure they are squeaky clean on this decision.

The original HR person was stupid and discriminatory.

At this stage forget about it and put all your efforts into nailing the first interview. I suspect, unless you completely mess it up, you will get an invite to the second round of interviews.

If, at the end of the second interview they ask if you have any questions use this opportunity to ask “when are you expecting the successful candidate to start? “ if it’s realistic I.e. 6 weeks +, say well as you know my mat leave is due to end on x date so that fits nicely. If they say Monday, ask what if people have to give 3 months notice.

Don’t forget as well as not having to give notice you have KIT days that you could use to help settle in e.g. do any admin to get access to systems etc. attend team meetings etc.

I meant to come back and update this last week, but I got a second interview and got the job! They’re waiting for me to come back from mat leave to start. Thanks for the advice and support!

Brilliant news, congratulations @CanTheyDoThisMaternity !

@CanTheyDoThisMaternity brilliant.

Brilliant news! Well done for getting the job

Brilliant news! It's so nice to hear some positive news for a change.

Well done

Brilliant news! Well done for questioning the discrimination.

Congratulations OP. Well done.

Fantastic news!!! Well done for not taking the first answer and for going ahead with the interview despite your fears that it was a tick box exercise!

Congratulations OP!